Legal Question in Elder Law in California

Re: Does state take everything if catastrophic illness occurs?

The state does not take everything, but they can take control of her assets by appointing a conservator (which could be you, but not necessarily). This could require extensive legal fees.

What she probably needs is a revocable trust, which would allow her to appoint another trustee who could control her assets, based on the instructions in the trust.

Go to my website at www.lawken.com, and under areas of law, you will find estate planning. There is a short slide show that will explain some things about estate planning.

She is right to be concerned, but can save thousands of dollars by investing a little with an estate planning attorney.

If you would like more information, call me at 925-924-0100.

Re: Does state take everything if catastrophic illness occurs?

it is not true they take everything but they can take a lot if there has been poor planning. she should have someone review her individual situation if she is that worried.

Re: Does state take everything if catastrophic illness occurs?

She should plan ahead with a trust and powers of attorney which allow for the transfer of assets in the event she may need assistance from Medi-Cal for nursing home costs. If done correctly, this should address her concerns, and will not complicate her life.

Be careful, though, because not all trusts and powers of attorney have the required language. This, and any possible transfers, should be handled by an attorney knowledgeable in Medi-Cal planning. Improperly transferred assets could disqualify her from receiving the Medi-Cal assistance.